GUIDELINES FOR THE IMPLEMENTATION OF THE PROVISIONS OF REPUBLIC ACT NO. 6685

1.       The mandatory minimum percentage of 50% of the unskilled labor requirement shall be recruited as follows:

1.1  First priority shall be recruitment from the unemployed bona
fide residents of the locality ( barangay) where the project is being
undertaken who are ready, willing and able as determined/certified by
the City Mayor or Municipal Mayor concerned;

1.2  If the unskilled labor requirement is not fully met by the
recruitment pursuant to item 1.1 above, the deficiency shall be
recruited from the unemployed bona fide residents of neighboring
barangays of the city/municipality where the project is being undertaken
who are ready, willing, and able as determined/certified by the City
Mayor or Municipal Mayor concerned;

1.3  If still the unskilled labor requirement is not fully
satisfied after the recruitment pursuant to items 1.1 and 1.2 above,
then the deficiency shall be recruited from the unemployed bona fide
residents of the province where the project is being undertaken who are
ready, willing and able as determined/certified by the Governor.

2.       The mandatory minimum 30% of the skilled labor requirement shall be recruited as follows:

2.1  First priority shall be recruitment from the unemployed bona
fide residents of the locality ( barangay) where the project is being
undertaken who are ready, willing and able as determined by the City
Mayor or Municipal Mayor concerned;

2.2  If the skilled labor requirement is not fully met by the
recruitment pursuant to item 2.1 above, the deficiency shall be
recruited from the unemployed bona fide residents of neighboring
barangays of the city/municipality where the project is being undertaken
who are ready, willing and able as determined/certified by the City
Mayor or Municipal Mayor concerned;

2.3  If still the skilled labor requirement is not fully
satisfied after the requirement pursuant to item 2.1 and 2.2 above then
the deficiency shall be recruited from the unemployed bona fide
residents of the province where the project is being undertaken who are
ready, willing and able as determined/certified by the Governor.

3.       In the case of a project traversing two or more
barangays/municipalities/cities/provinces, the labor requirement shall
be recruited proportionately from the localities traversed by the
project.

4.       The Implementing Office (DPWH Regional Office/District or
City Engineer’s Office) shall, upon publication of the Invitation for
Prequalification to Bid, advise the concerned City/Municipal Mayor or
Governor, as the case may be, of the project to be bid and the labor
requirements thereof and shall, likewise advise them to submit a list of
able, qualified and willing laborers (unskilled and skilled) in their
respective localities, from which listing, the contractor shall select
for employment the labor requirements of the project.

This list of laborers shall be submitted and made available to the
contractor upon award of the contract and before the Notice to Proceed
is issued.  In case of non-submission of this list within the period
above stated, the contractor has the option to employ the labor
requirements, but preferably laborers from the barangay or locality
where the project is located.

Finally, this process of labor recruitment shall be coordinated with the DOLE Regional Office/Community Employment Center.

5.       The above mentioned Implementing Office shall see to it
that the Instructions to Bidders and Tender Documents include a
provision for strict compliance with R.A. 6685 and that the penalty
clause provision thereof is included in the Conditions of the Contract
to be entered into.

6.       In the pre-bid conference, the Prequalification Bids and
Awards Committee shall discuss and disseminate to all prequalified
bidders the provisions of R.A. 6685 and emphasize to the bidders
concerned that the organization chart for the project under bid, which
shall accompany the bid proposal, must indicate the total number of the
skilled and unskilled labor requirements of the project in which the
mandatory minimum 50-30% local labor recruitment shall be based;
otherwise, appropriate sanctions as provided by law/regulation may be
imposed.

7.       Upon award of contract and after the contractor has signed
the contract and submitted the requirements for the approval of the
contract, the contractor shall inform the concerned DOLE Regional
Office-Community Employment Center (DOLE-CEC) of the manpower
requirements of the project so that the DOLE-CEC can provide recruitment
assistance to the contractor.  The contractor shall then cause the
posting of the “Notice of Labor Requirements” in conspicuous areas
(municipal hall, churches and project site) as specified and designated
by the District, Provincial, City, or Municipal authorities in either
English or Filipino or in any local dialect, announcing that local
residents are needed as laborers for the project.  The notice shall
contain the basic project information and instruction to responding
labor applicants on where and when to register to the DOLE/CEC and to
bring with them the necessary identification papers such as Voters ID,
Residence Certificate, and/or certification from the Barangay [Captain]
or in the absence of the Barangay Captain, any other member of the
Barangay Council that they are bona fide and actual residents of the
place/locality where the project is being undertaken.

8.       The “Certificate of Compliance” under oath to be submitted
by the contractor/subcontractor as among the requirements for every
progress billing, pursuant to Section 5 or R.A. 6685, shall be
counter-checked by the District, Provincial, or City/Municipal Engineer
concerned before effecting the payment to ensure compliance.

Pursuant to Sections 7 and 8 of R.A 6685, these implementing rules
and regulations shall take effect immediately upon issuance and shall
apply to all contracts for infrastructure projects of the national,
provincial, city, and municipal government.

Adopted: 27 Feb. 1990

(SGD.) FIORELLO R. ESTUAR
Secretary

Effective: 27 February 1990